As the Applicant was not given an opportunity to comment on relevant material, namely information that the Department had obtained relating to the Applicant’s prior visa refusal, the Applicant was denied procedure fairness, and in circumstances such as a denial amounts to a jurisdiction error. This justifies the making of orders by consent.
Full bench decision of the Fair Work Commission (FWC) dismissing the leave for appeal by employer and affirming the decision of Deputy President Gooley of Melbourne on 31 January 2014 for the applicant in unfair dismissal matter.
The Tribunal remits the applications made by the visa applicants for Other Family (Migrant) (Class BO) visas to Department of Immigration and Multicultural and Indigenous Affairs for reconsideration, with the direction that the visa applicant meets the criteria for a subclass 115 (Remaining Relative) visa. Knelange (2005) MRTA 193 (February 2005).
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- (2020) AAT 1820506) (24 February 2020)
SUBCLASS 500 (STUDENT) MLG 1385 of 2015
As the Applicant was not given an opportunity to comment on relevant material, namely information that the Department had obtained relating to the Applicant’s prior visa refusal, the Applicant was denied procedure fairness, and in circumstances such as a denial amounts to a jurisdiction error. This justifies the making of orders by consent.
Read More- (2020) AAT 1820506) (24 February 2020)
ADiDeM Pty Ltd Trading as Body Shop vs Nicole Suckling (2014) FWCFB 3611
Full bench decision of the Fair Work Commission (FWC) dismissing the leave for appeal by employer and affirming the decision of Deputy President Gooley of Melbourne on 31 January 2014 for the applicant in unfair dismissal matter.
Read More- (2020) AAT 1820506) (24 February 2020)
Subclass 115(Remaining)
The Tribunal remits the applications made by the visa applicants for Other Family (Migrant) (Class BO) visas to Department of Immigration and Multicultural and Indigenous Affairs for reconsideration, with the direction that the visa applicant meets the criteria for a subclass 115 (Remaining Relative) visa.
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A skilled based offshore application was refused, but successfully won before the Federal Court of Australia.
-MARTINEZ vs Minister for Immigration & Citizenship (2009) FCA 781 (28 July 2009 )
Industrial relations- the worker was successfully assisted before the Court when employer failed to consult prior to reducing applicant’s working hours and for his adverse action claim.
-RATNAYAKE vs Greenwood Manor Pty Ltd (2012) FMCA 350 (1 May 2012 )
As the Applicant was not given an opportunity to comment on relevant material, namely information that the Department had obtained relating to the Applicant’s prior visa refusal, the Applicant was denied procedure fairness, and in circumstances such as a denial amounts to a jurisdiction error. This justifies the making of orders by consent.
-Kimheng Hour vs Minister of Immigration & Multicultural Affairs MLG 1385/2015 (2 July 2015)